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msrandolph
Aug 20, 2008, 08:32 AM
What can be done when tenant is told to move because the property has been forclosed on; no money to pay all the deposits required to move on such short notice. Is there any help for me. AND WHY IS TENANTS NOT TOLD OF FORECLOSURE BEFORE THEY PLACE EVICTION PAPERS ON THE DOORS . WITH ALL THE DEPOSITS AND FIRST MONTHS RENT; HOW DO THEY EXPECT ANYONE TO COME UP WITH ALMOST 3 THOUSAND TO MOVE OUT AND GET A NEW PLACE SO THEY DON'T LOSE EVERYTHING IF THE COURTS MOVE YOU OUT

ScottGem
Aug 20, 2008, 08:41 AM
Yours is not an uncommon complaint in this time of mortgage crises. The owner of a property is not required to notify a tenant of a foreclosure because they can forestall the foreclosure right up to a few minutes before the auction. What is worse, is that the new owner doesn't have to honor the lease.

But there is some relief for you. Once the property changes hands, your lease is void. The new owner then must serve you with a vacate notice. If you do not vacate by the date of that notice, the new owner has to get an eviction order from a court. You can go to the court for the hearing and explain the circumstances and request more time. There is a strong likelihood a reasonable amount of time will be granted.

You can go to the new owner and tell them that you had no idea the old landlord was going to lose the house and you are not prepared to move. You need time to find a new place, arrange for moving etc. You will vacate as soon as you can. Tell them you believe a judge will give you more time, so if they want to waste money on going to court you are prepared to fight the eviction.

As for your security deposit, the new owner were supposed to get that from the old owner at closing. They, therefore are responsible for returning it. If they don't, you can sue them and they can, in turn, sue the old owner.